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(영문) 인천지방법원 2020.06.11 2019고단8516
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the child abuse treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, around September 2018, married with B (n, 30 years of age), but the Defendant sent a child victim C (D) who is a mixed child to B (n, 30 years of age), and the Defendant continued to maintain the marital life with B, and protected and nurture the child in child care centers around September 2018 while protecting and fostering friendly E (n, F, G (H) and her child.

1. A around the year 2018, the Defendant committed the crime, around the year 2018, when the victimized child (seven years of age at the time) was potable only at the residence of Jung-gu Incheon Metropolitan City (seven years of age at the time) around the time when the victimized child was able to turn off with the hand floor, the Defendant was able to have the entire face of the victimized child seriously.

As a result, the defendant committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child.

2. On March 2019, the Defendant committed the crime at around 2019: (a) took the floor of the floor of the victimized child (eight years old at that time) on two occasions without any reason at an insular location.

As a result, the defendant committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child.

3. 2019. 5. 2.경 범행 피고인은 2019. 5. 2. 02:00경 제1항 기재 장소에서 술에 취하여 피해아동(당시 8세)과 E에게 서로 싸울 것을 강요하였고 동생을 때리지 못한다며 거부하는 피해아동의 머리를 주먹으로 수 회 때리고 피해아동의 얼굴과 다리를 발로 수 회 찼다.

As a result, the defendant committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning C, E, and B;

1. Application of damaged photographs and photographs to victimized children;

1. Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Welfare Act, the choice of applicable laws and punishment for facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Special cases concerning the punishment, etc. of crimes of child abuse;

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